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GM isn't liable for punitive damages in ignition switch cases

NEW YORK — A federal appeals court said General Motors is not liable for punitive damages over accidents that occurred after its 2009 bankruptcy and involved vehicles it produced earlier, including vehicles with faulty ignition switches. The 2nd U.S. Circuit Court of Appeals in Manhattan said on Tuesday that the automaker did not agree to contractually assume liability for punitive damages as part of its federally-backed Chapter 11 reorganization. GM filed for bankruptcy in June 2009, and its best assets were transferred to a new Detroit-based company with the same name. The other assets and many liabilities stayed with "Old GM," which is also known as Motors Liquidation Co. Tuesday's 3-0 decision may help GM reduce its ultimate exposure in nationwide litigation over defective ignition switches in several Chevrolet, Pontiac and Saturn models. It is also a defeat for drivers involved in post-bankruptcy accidents, including those who collided with older GM vehicles driven by others, as well as their law firms. The ignition switch defect could cause engine stalls and keep airbags from deploying, and has been linked to 124 deaths. A lawyer for the drivers and their law firms did not immediately respond to requests for comment. GM had no comment. Circuit Judge Dennis Jacobs said GM's agreement to acquire assets "free and clear" of most liabilities excused it from punitive damages claims for Old GM's conduct. He also noted that the judge who oversaw the bankruptcy concluded that the new company could not be liable for claims that the "deeply insolvent" Old GM would never have paid. The decision upheld a May 2018 ruling by U.S. District Judge Jesse Furman in Manhattan, who oversees the ignition switch litigation. Drivers have sought a variety of damages in that litigation, including for declining resale values. GM has recalled more than 2.6 million vehicles since 2014 over ignition switch problems. It has also paid more than $2.6 billion in related penalties and settlements, including $900 million to settle a U.S. Department of Justice criminal case. The case is In re: Motors Liquidation Co, 2nd U.S. Circuit Court of Appeals, No. 18-1940. Government/Legal Chevrolet Pontiac Saturn Safety gm ignition switch

GM recalls 83,572 SUVs for ignition switch issue

General Motors is recalling 83,572 SUVs from the 2011 and 2012 model years over a potential ignition lock actuator issue. In affected vehicles, the actuator isn't the right size, which could cause the ignition to get stuck in the "Start" position, and then either due to a jarring event or a "cool interior temperature" the ignition could switch back to the "Accessory" position. Doing so would cause a loss of power assistance and the airbags might not deploy. This is a different ignition issue than the one that's been ongoing for the past year. GM said it expects that less than 500 vehicles suffer from the problem, but that the pool could include vehicles from 2007 through to 2014 that have already been fixed, but with defective parts. The 2011-2012 SUVs included in the National Highway Traffic Safety Administration notice: Cadillac Escalade, Escalade ESV, Escalade EXT, Chevrolet Avalanche, Silverado HD, Silverado LD, Suburban, Tahoe, GMC Sierra LD, Sierra HD, Yukon, and Yukon XL vehicles. GM will notify owners and dealers will inspect the ignition lock housing to see if it needs a free replacement. RECALL Subject : Ignition Lock Actuator may Bind Report Receipt Date: DEC 30, 2014 NHTSA Campaign Number: 14V827000 Component(s): ELECTRICAL SYSTEM Manufacturer: General Motors LLC SUMMARY: General Motors LLC (GM) is recalling certain model year 2011-2012 Cadillac Escalade, Escalade ESV, Escalade EXT, Chevrolet Avalanche, Silverado HD, Silverado LD, Suburban, Tahoe, GMC Sierra LD, Sierra HD, Yukon, and Yukon XL vehicles. In the affected vehicles, the ignition lock actuator may bind, making turning the key difficult or causing the ignition to get stuck in the "Start" position. CONSEQUENCE: If stuck in the "Start" position, the ignition may suddenly snap back into the "Accessory" position, causing a loss of engine, steering, and braking power, increasing the risk of a vehicle crash. If the vehicle is in a crash, the air bags may not deploy, increasing the risk of occupant injury. REMEDY: GM will notify owners, and dealers will inspect and replace the ignition lock housing, as necessary, free of charge. The manufacturer has not yet provided a notification schedule. Owners may contact GM customer service at 1-800-458-8006 (Cadillac), 1-800-222-1020 (Chevrolet), or 1-800-462-8782 (GMC). GM's number for this recall is 14696 for the original equipment, and 14912 for the service replacement parts.

General Motors Recall List

It seems General Motors can't go more than a few weeks without issuing a major recall. Since the initial ignition lock recall on February 10, over 25 million vehicles have been recalled for defects. It seems General Motors can't go more than a few weeks without issuing a major recall. Since the initial ignition lock recall on February 10, over 25 million vehicles have been recalled for defects. We used the National Highway Traffic Safety Administration recall list to compile a snapshot of all the GM vehicles recalled in the last two months. NHTSA also provides a search engine that allows owners to search for recalls on their vehicle. An automotive company must do everything in their power to notify its customers when a recall is issued on a vehicle. If you own any of the following vehicles and you have questions regarding your car, you can contact Chevrolet at 1-866-694-6546, GMC at 1-866-996-9463, Buick at 1-800-521-7300 and Cadillac at 1-866-982-2339. Or check out General Motor's recall site. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov. Here's a brief summery of the other vehicles currently under recall: July 26 – 414,333 cars affected NHTSA Campaign Number: 14V447000 Models under recall: Certain model year 2011-2012 Buick LaCrosse, Regal and Chevrolet Camaro, as well as certain 2010-2012 Cadillac SRX, Chevrolet Equinox and GMC Terrain vehicles, equipped with power height adjustable driver and passenger seats. Problem: In the affected vehicles, the bolt that secures the driver's and passenger's power front seat height adjuster may fall out causing the seat to drop suddenly to the lowest vertical position. Consequence: If the driver's seat unexpectedly drops, the distraction and altered seat position may affect the drivers' control of the vehicle, increasing the risk of a crash. Solution: Dealers will replace the height adjuster shoulder bolts, free of charge. July 14 – 16,939 cars affected NHTSA Campaign Number: 14V341000 Models under recall: Certain model year 2011 Cadillac CTS vehicles manufactured October 18, 2010, to June 2, 2011. Problem: In the affected vehicles, vibrations from the drive shaft may cause the vehicle's roll over sensor to command the roof rail air bags to deploy. Consequence: If the roof rail air bags deploy unexpectedly, there is an increased risk of crash and injury to the occupants.